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House Bill 155 — Vaccines, prohibition

House Bill 155 — Vaccines, prohibition

Parrish Miller
February 16, 2023

Bill Description: House Bill 155 would prohibit, with exceptions, the state from requiring proof of certain vaccinations to receive government services, enter a government venue open to the public, or be employed by the state.

Rating: +1

NOTE: House Bill 155 is very similar to House Bill 69, introduced earlier this session. The few changes made are positive.

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 155 would create Section 67-2359, Idaho Code, to say the state and its political subdivisions may not require individuals to "receive a coronavirus vaccination, have a vaccine passport, or provide proof of any other form of coronavirus immunization or negative laboratory test result for coronavirus" or "receive a vaccination or provide proof of having received such vaccination if the vaccine is being offered under emergency use authorization" in order to "apply for or receive services provided by the state or a political subdivision of the state"; "enter or remain in a government venue during a time when the venue is accessible to the general public" or "be hired by the state or maintain employment with the state."

It further states that "an employee of the state or a political subdivision of the state may not be discriminated against on the basis of such employee's coronavirus immunization status, including decisions relating to promotion, compensation, or job duties."

Unfortunately, there are exceptions, including allowing the state to require "an employee who has previously tested positive for coronavirus to provide a negative laboratory test result for coronavirus in order to return to work." The state is also allowed to require "an employee to be tested for coronavirus if the employee was exposed to coronavirus during the course and scope of employment."

Even worse, the state is allowed to require a "coronavirus vaccination for an employee whose job duties include travel to a state, territory, or country that requires such vaccination or entry into a private location that requires such vaccination." This "requirement for vaccination must be specified in the employee's job description at the time of hiring."

Exceptions are also created for vaccine mandates imposed by the federal government, schools, day care facilities, and health care facilities.

While this proposal is generally positive, the included exceptions allow for the violation of individual rights under certain circumstances. Moreover, the prohibitions on vaccine mandates should be extended to cover all vaccines, not limited to coronavirus and EUA vaccinations. 

Under no circumstances, should the state or its political subdivisions require vaccination or proof of vaccination for any reason whatsoever. 


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